Apple CEO Cook Ordered to Testify in E-Books Antitrust Case

Apple Chief Executive Tim Cook must sit for a deposition in the government's lawsuit against the company over alleged price-fixing in the e-book market, a judge ruled Wednesday.

U.S. District Judge Denise Cote in Manhattan granted the Justice Department's request to compel Cook to testify for four hours in the lawsuit, which accuses Apple of conspiring with five publishers to raise e-book prices.

The government had argued that Cook likely had relevant information about Apple's entry into the e-books market. It also said Cook likely had conversations related to e-books with former Apple CEO Steve Jobs, who died in 2011.

Apple had fought the request, saying Cook's testimony would be "cumulative and duplicative" since the government had already taken depositions from 11 other executives at the iPad maker.

Cote, on a teleconference, cited the death of Jobs as a key reason in ordering the deposition.

"Because of that loss, I think the government is entitled to take testimony from high-level executives within Apple about topics relevant to the government case," as well as to counter Apple's defense arguments, she said.

A spokesman for Apple did not immediately respond to a request for comment.

Apple is the only remaining defendant in the lawsuit, which was filed in April 2012.

The five publishers—Pearson Plc's Penguin Group, News Corp.'s HarperCollins Publishers, CBS's Simon & Schuster, Hachette Book Group and MacMillan—have already settled. The last to settle was Macmillan in February.

A trial is set for June. The government is not requesting damages but is seeking a finding that Apple violated antitrust law. It is also seeking an order blocking Apple from engaging in similar conduct.

Teleconference Arguments

During the teleconference, Orin Snyder, a lawyer for Apple, called the government's request to depose Cook a "fishing expedition."

Snyder said the testimony of other executives should be sufficient. Depositions of 11 other Apple executives have already taken place or been scheduled, according to an earlier letter Apple sent the judge.